Portland Prenuptial Agreement Attorney
Why You Need a Prenuptial or Postnuptial Agreement in Oregon
When you consider that about half of all marriages in the United States end in divorce and that people are getting remarried or are marrying later in life after they have already acquired assets, it is easy to see why a prenuptial or postnuptial agreement may be beneficial. Such an agreement can act as an insurance policy, outlining what will happen with property and assets in the event of a separation or divorce.
Levine Law Center can help if you are interested in drafting a prenuptial agreement or postnuptial agreement, or if such an agreement has been presented to you by your fiancé or spouse.
Contact us at (503) 433-8340 to schedule a consultation with our prenup lawyer in Portland and find out more about prenuptial and postnuptial agreements.
What Is a Prenuptial Agreement?
A prenuptial agreement, or prenup, is essentially a written contract between two people who are getting married. In the past, prenuptial agreements were rare and were often only used by the wealthy. Today, more people are seeing the benefit that a prenuptial agreement can provide, particularly when remarrying or marrying after they have purchased a home or acquired other assets.
Key Components of a Prenuptial Agreement
A prenuptial agreement will typically list:
- All property/assets owned by each party;
- All debt currently owed by each party; and
- What will happen to such property and debt if the marriage should end.
Postnuptial Agreements: How They Differ from Prenuptial Agreements
A postnuptial agreement is similar to a prenuptial agreement, but it is entered into after marriage. Both postnups and prenups will contain the same amount of details and will cover similar details about property and how it would be divided in the event of divorce.
Benefits of Prenuptial or Postnuptial Agreement for Your Family
A prenuptial or postnuptial agreement may provide various benefits for you and your family, such as:
- Allowing you to pass your separate property to your child or children from a prior marriage;
- Clarifying your rights from a financial perspective;
- Protecting yourself from your spouse’s debt; and
- Avoiding unnecessary arguments in case of divorce or separation.
What Should Be Included in a Postnuptial Agreement?
A postnuptial agreement is a crucial document for married couples who want to clearly define their financial rights and responsibilities. While each agreement is tailored to the couple's unique circumstances, several key elements should be considered when drafting a postnuptial agreement in Portland.
First and foremost, the agreement should detail the division of assets and property. This includes both marital and separate property, such as real estate, bank accounts, investments, and personal belongings. Clearly outlining what belongs to each spouse helps prevent disputes in the event of a divorce or separation.
Debt allocation is another essential component. The agreement should specify how existing debts—such as mortgages, credit card debt, and student loans—will be handled. It can also outline responsibility for any future debts incurred during the marriage.
Spousal support, or alimony, is often addressed in a postnuptial agreement. Couples can agree on whether one spouse will receive support in the event of a divorce and, if so, how much and for how long. This can provide financial security for both parties and reduce the uncertainty of future legal battles.
If the couple has children, the postnuptial agreement may include provisions related to child custody, support, and visitation. While courts always prioritize the best interests of the child, having these terms outlined can help set expectations.
Finally, a postnuptial agreement should include clauses addressing the division of retirement accounts, business interests, and inheritance rights. These factors are particularly important for couples with complex financial situations or blended families.
Schedule a Consultation with Our Portland Prenuptial & Postnuptial Agreement Lawyers
Our Portland prenuptial agreement attorneys understand the importance of a clear and legally sound agreement and can use our family law and divorce experience to make sure your interests are fully protected.
Interested in learning more? Contact our Portland prenuptial agreement lawyers at (503) 433-8340 to schedule a consultation today.